APS Confidentiality Policy

This Non-Disclosure Agreement is between (OUR CLIENT) and ADKISON PROFESSIONAL SERVICES, herein referred to as APS, who desire to investigate the possibility of a business arrangement relating to the recovery of data for OUR CLIENT.

APS wishes to receive this magnetic media for the purpose of (1) preparing and submitting a quotation for OUR CLIENT concerning the cost of recovering the data on behalf of OUR CLIENT (2) The actual recovery of data from submitted media by OUR CLIENT. The Parties listed above hereby agree to the following terms as they relate to the disclosure of information considered proprietary by OUR CLIENT. OUR CLIENT shall submit magnetic media to APS for the sole purpose of having data restored to OUR CLIENT from the submitted magnetic media.

At no time from the date of this agreement shall APS directly or indirectly disclose, sell or give any information it receives from OUR CLIENT to any person, firm, or corporation, or use the information for its own benefit, except for the purpose described above, without the express written consent of OUR CLIENT.

This Agreement shall not apply to APS's information or materials which (a) have been or subsequently are, through no fault of OUR CLIENT, disclosed in a publicly available source; (b) are now in the rightful possession of APS free of any obligation of confidentiality; (c) have been or subsequently are rightfully disclosed to APS any third party free of any obligation of confidentiality; (d) are independently developed by APS without reference to, or misuse of, information or materials provided by OUR CLIENT; or (e) APS is required to disclose to the extent required by any regulatory authority, court of competent jurisdiction acting in pursuance of its powers, or government agency lawfully requesting the same. With regard to subparagraph (d), OUR CLIENT shall have the burden of proving by a standard as established by a court of competent jurisdiction evidence that such development was made independently without reference to, or misuse of, OUR CLIENT'S information of materials.

Should any dispute arise from or relate to matters covered by this Agreement, the parties agree first to attempt to resolve the matter in confidential, private meetings between the parties. If this fails to produce a mutually satisfactory resolution, the parties shall, as an alternative to litigation, enter into legally binding arbitration. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of the matters covered by this Agreement and expressly waive their right to file a law suit or claim against one another for such disputes, except to enforce arbitration decision or the provisions of this paragraph. All media submitted is subjected to the terms of this agreement unless otherwise documented.